A father’s struggle to be allowed to care for his autistic son made legal history yesterday when a judge ruled that the story of his ongoing battles with his local council could be made public.
Mark Neary attracted a wave of public sympathy when it first became known that the council had separated from him from the son he had been looking after for 20 years. But after the initial outcry, silence descended over the case when Hillingdon Council took it to the Court of Protection.
These courts, which deal with very vulnerable people, very rarely allow any of their proceedings to be reported. But a media campaign produced a breakthrough yesterday when Mr Justice Peter Jackson ruled that the press would be allowed into the hearings that would determine Steven Neary’s future, and could report details of the case.
Mr Neary's mistake was to turn to Hillingdon Council in December 2009 when he was suffering from flu-like symptoms. He asked them to take his son into a residential care home, supposedly for just three days to give him respite. The 20-year old's behaviour deteriorated and social workers suggested that he should be moved to a specialist behavioural unit. His father agreed. One night in April, Steven escaped from the council home in his pyjamas, met a Vicar on the street, removed his glasses and threw them on the ground. Hillingdon Council’s response was a Deprivation of Liberty Order, under which Steven was allowed home for only two hours at a time and was barred from staying overnight.
Two court hearings still have to be held. The first will consider an allegation that Hillingdon Council acted illegally by deprived by the youth of his liberty. There is also a hearing into his future care arrangements set for Monday.
Please remember that M23LAW has acted for many suspects and defendants who fall within the autistic spectrum, such as Aspergers.
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